In the era of the Administrative State, it might seem that federal agencies have the power to create, expand, or amend any laws that they’d like. This, however, ignores the foundational principles of the separation of powers inherent in the United States Constitution and the authority that created these agencies, which was intended to be quite limited. This issue came to a head recently in the Northern District of Alabama when the Court requested briefing on the Department of Education’s attempt to redefine the scope of Title IX, contrary to a prior decision by the Eleventh Circuit Court of Appeals. […]
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